Régie du logement
Paying rent is one of the essential aspects of a residential lease. It is also the lessee’s principal obligation. Rent must be paid in full and on the agreed date. It is therefore important that the lessor and lessee agree on the date and terms of payment of the rent and indicate them in the lease. Paying rentIt is up to the lessor or the lessor’s mandatary to collect the rent at the lessee’s home, unless the lease states otherwise.
It is in both parties' interest to agree on a specific date and location and especially a specific time of day at which the payment of the rent is to be made.
The burden of proving that therent was paid lies with the lessee, once that the existence of the lease is established by the lessor.
Rent is usually payable on the first day of each month, unless the parties agree otherwise.
Payment methods Rent may be paid
If the lessor agrees, rent may also be paid
Proof of paymentRegardless of the payment method, the lessee has the right to demand a receipt attesting to payment of the rent. A receipt can be useful in the event of a dispute, as the burden of proof that the rent was paid lies with the lessee. It is recommended to keep proof of payment for three years. Depositing rent in the event of doubt concerning the rightful recipientIf a lessee no longer knows to whom the rent must be paid (e.g. in the event of death, bankruptcy or sale of the building), the lessee can be authorized to deposit the rent with the Régie du logement. To avoid confusion and protect himself or herself when a building is sold, the lessee should obtain a letter confirming the sale of the building and indicating the date as of which the rent is to be paid to the new lessor or person to whom he or she must pay the rent. Failure to payA lessee who does not pay the rent in full on the agreed date is in default as of the next day. The lessor can file an application with the Régie du logement to collect the overdue rent, as well as the interest and the costs associated with the application. If payment is more than three weeks late, the lessor can file an application with the Régie to request not only payment of the rent and other costs, but also resiliation of the lease and eviction of the lessee and any other occupants. If the lessee frequently pays the rent late and if the lessor suffers serious prejudice because of that, the lessor can file an application with the Régie to request resiliation of the lease and eviction of the lessee and the other occupants. Once recourse has been exercised, both parties (the lessor and the lessee) have to prepare for a hearing before the Régie du logement. Avoiding resiliation of a leaseA lessee against whom action is being taken to resiliate the lease for non-payment of rent may avoid the lease’s resiliation by paying, before a decision is rendered:
Before filing an application, the lessor would do well to issue a formal notice to pay to the lessee, in order to avoid having to assume the costs of the application should the lessee pay in a reasonable time. If the lessee is evicted, he or she will be liable for the losses incurred by the lessor until the dwelling is rented to another person. However, the lessor must take steps to reduce any prejudice that he or she might suffer.
Advance payment required by the lessorWhen a lease is signed, the lessor may demand advance payment of the rent for the first payment period. The lessor may even make this a condition for signing the lease. However, a lessor may not require the lessee to:
SublesseeA person who rents a dwelling from the lessee.
Lessors and lessees of dwellings.
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